Terms of Use
THIS AGREEMENT, THE “TERMS OF USE,” IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TRADESHOW TECHNICAL, INC., also known as TOTAL SHOW TECHNOLOGY, herein referred to as (“TST”). Also included is the website located at https://totalshowtech.com, and all associated sites linked to https://totalshowtech.com by TST and its subsidiaries and affiliates including TST sites around the world (collectively described herein as “TST WEBSITE”). The TST WEBSITE is the sole property of TST. BY USING THE TST WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT – DO NOT ACCESS OR USE THE TST WEBSITE.
TST reserves the right to change, modify, add or remove any and all portions of this agreement, the “TERMS OF USE” at any time, for any reason. It is your responsibility to check the TST Website for changes to our TERMS OF USE. Your continued use of the TST WEBSITE will mean that you accept and agree to the changes contained in the “TERMS OF USE” agreement.
LEGAL COMPLIANCE
Use of https://totalshowtech.com and your use of the TST WEBSITE are subject to any and all applicable international, federal, state, county and local laws and regulations.
TERMS OF PURCHASE
The TST TERMS OF PURCHASE may be changed or amended at any time by TST. The TERMS OF PURCHASE governs all orders placed by users, prospects, customers or any organization with the company, TST. To review the current “TERMS OF PURCHASE” for TST, please click here: TST TERMS OF PURCHASE
PRIVACY
The TST “ONLINE PRIVACY STATEMENT” may be changed or amended at any time by TST. Please review our ONLINE PRIVACY STATEMENT which governs your visit to https://totalshowtech.com to understand our ONLINE PRIVACY STATEMENT click here: TST ONLINE PRIVACY STATEMENT.
TST WEBSITE CONTENT
All text, graphics, user interfaces, visual interfaces, photos, trademarks, logos, sounds, music, artwork and computer code, are collectively known as “TST WEBSITE CONTENT”. All TST WEBSITE CONTENT and the arrangement of such content, including its design, is owned, controlled or licensed by or to TST and is protected by trade dress, copyright, patent, and trademark laws. Except as expressly provided in these TERMS OF USE, no part of the site or content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way without explicit, written permission by TST.
USE LICENSE AND SITE ACCESS
TST grants you a limited license to access and make personal use of the TST site. This license does not include any resale or commercial use of this TST WEBSITE or its contents; any collection and use of any product or service listings, descriptions, or prices; any use of this site or its contents, including and not limited to downloading, copying of account information, data mining, data gathering for your use or by any use of any third-party that is not authorized by TST in writing. You may not use the TST WEBSITE or any of its content for any purpose that is unlawful or prohibited by these TERMS OF USE.
YOUR CONDUCT
You may not, unless authorized by TST explicitly, in writing:
- You may not “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology or any process to acquire copy or monitor the TST WEBSITE in any manner, except with the explicit, written permission by TST. TST reserves the right to bar any such activity.
- You may not gain, or attempt to gain, unauthorized access to the TST WEBSITE, TST computer systems, TST networks, TST equipment, or any TST property and/or to any of the services offered on or through the TST WEBSITE by hacking, password mining, or any other illegitimate means.
- You may not scan; data mine, probe, test the vulnerability of the site, scan/probe/test any network connected to the site, nor breach the security or authentication measures on the site and/or TST networks. You may not reverse look-up or trace any information on any other user, visitor, employee, customer or account not owned by you, through the TST WEBSITE.
- You agree to not adversely affect the TST WEBSITE by taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of both the TST WEBSITE and/or all TST NETWORKS.
- You agree to not use any external devices, external services, external networks or external organizations to interfere or attempt to interfere with the proper working of the TST site and or any transaction being conducted by TST.
- You may not forge headers or manipulate the TST WEBSITE in order to disguise the origin of any message or transmittal you send to TST on or through the TST WEBSITE or any service offered by TST. You may not represent, impersonate or misrepresent your identity.
YOUR ACCOUNT
By your use of this site you acknowledge that you are responsible for maintaining the confidentiality of any account password, restricting access to your computer; and you accept the responsibility for all activities that occur with your account and password. TST does not sell goods or services to children or anyone under the age of 18 years of age. If you are 18 years old or younger, you may not use the TST website. TST and its subsidiaries or affiliates reserve the right to refuse service to anyone, for any reason.
PRODUCT AND SERVICE DESCRIPTIONS
TST does not warrant that the product or service description on the TST WEBSITE or other content of this site is accurate, complete, reliable, current or error-free.
PRICING
Any prices displayed on the TST WEBSITE for TST goods or services our site represents are an estimated price for the good or service in accordance with industry standard pricing. Any and all final price of any products, goods or services will be determined at the time of placement of a firm order with TST and are subject to, you agreement with, the TST TERMS OF PURCHASE agreement.
ELECTRONIC COMMUNICATIONS
By visiting the TST WEBSITE or sending us emails, you are communicating electronically with us and consent to receive communications from us electronically. We communicate with our customers and contacts by emails, posting notices, or when you receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications whereby sent to you electronically satisfy any legal requirement of our communication being provided in writing.
COPYRIGHT
This TST WEBSITE contains copyright information, and all information including: content, text, graphics, logos, button icons, images, video files, audio files, digital downloads, .pdf’s, forms, data compilations, and software available on or through the TST WEBSITE (collectively “THE CONTENT” ) is owned and controlled by TST, unless otherwise expressly stated in writing on the TST WEBSITE. THE CONTENT is protected by USA and foreign copyright common law rights and statutes. All users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the TST WEBSITE or THE CONTENT for ANY commercial or public purposes, without the explicit permission, in writing from TST.
TRADEMARKS
All “MARKS”, herein identified as trademarks, service marks, word marks, slogans, logos, trade dress and other identifiers displayed on the TST WEBSITE are the property of TST, its subsidiaries, affiliates, or of other parties, who may or may not be affiliated with, connected to, or sponsored by TST. The MARKS are protected by USA and foreign trademark, common law rights and statutes. Users of the TST WEBSITE are prohibited from using any MARKS for any purpose; including, but not limited to, use on other materials, in presentations, in marketing collateral, as domain names, as metatags, including any and all use of these MARKS without the explicit, written permission of TST or such third-party that may own the MARKS.
LINKS TO OTHER SITE AND TST WEBSITE
The TST WEBSITE may contain links to other independent, third-party websites, called linked sites. We provide these linked sites as a convenience to our users. These linked sites are not under TST’s control, and TST is not liable, or responsible and does not endorse such content of any linked site, including and not limited to any information, materials, attachments or content of linked sites. It is at your sole discretion and independent judgment whether or not you interact with these linked sites.
DISCLAIMER AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TST BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF TST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TST DOES NOT WARRANT OR PROMISE THAT THE TST WEBSITE OR ANY OF ITS CONTENT, SERVICE OR FEATURE OF THE SITE WILL WITHOUT DEFECTS. THIS TST WEBSITE IS DELIVERED “AS-IS” AND IS ON AN “AS-AVAILABLE” BASIS AVAILABLE FOR YOUR USE. TST CANNOT ENSURE THAT ANY FILES OR DATA THAT YOU DOWNLOAD WILL BE FREE OF VIRUSES, OR ANY DESTRUCTIVE FEATURES. I STATE LAWS DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES FOR THE EXCLUSION OR LIMITATION OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ANY MATERIAL, DATA, FILES DOWNLOADED OR OBTAINED THROUGH THE USE OF THE TST WEBSITE OR TST CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL AND/OR DATA.
TST SHALL NOT BE LIABLE, HELD RESPONSIBLE FOR ANY LOSS OF DAMAGE CAUSED, OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY OR FROM THE INFORMATION OR IDEAS REFERENCED AT THE TST SITE OR ANY USE OF SAME BY YOU.
TST AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT THE TST SITE OR ITS CONTENT IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE TST SITE OR CONTENT FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLEY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING AND NOT LIMITED TO IMPORT AND EXPORT REGULATIONS IN OTHER COUNTRIES.
INDEMNIFICATION
By use of the TST WEBSITE, you agree to indemnify, hold harmless and release TST, its subsidiaries, affiliates and third-parties and its respective employees, officers, managers, directors, stockholders, agents, licensors and their respective successors and assigns, from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees arising from or related to your use or misuse of this TST WEBSITE and/or any TST CONTENT contained therein or provided by TST, including but not limited to information from third-party web sites linked to the TST Website.
LEGAL COMPLIANCE/EXPORT RESTRICTIONS
The software and technology from this website may be subject to the United States export restrictions and control administered by the United States Government, U.S. agencies and regulations of the European Union. You may not access, download, use or export the site or it’s contents whereby actions are in direct or indirect violation of U.S. export laws and regulations. Specifically, no software from this site may be downloaded or exported into or to a national or resident of any country to which the United States has embargoed goods. Anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders may not access, download, use or export the site or it’s contents whereby actions are in direct or indirect violation of U.S. export laws and regulations. By downloading the software or technology located on www.totalshowtech.com you warrant and represent that you are not located in or under the control of or are a national or a resident of any such country on any of these lists identified herein.
GOVERNING LAW & DISPUTES
You agree that all matters relating to your use and access of the TST WEBSITE, including all disputes will be governed by the laws and statutes of the United States of America, by the laws of the State of NEVADA, in the county of CLARK. Any dispute relating to this TERMS OF USE agreement shall be submitted to confidential arbitration in Las Vegas, Nevada. This dispute resolution process is only applicable to all disputes related to this TERMS OF USE agreement only, and not any other agreements.
Arbitration under this agreement shall be conducted in compliance with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this agreement shall be joined to an arbitration involving any other party or multiple parties subject to this TERMS OF USE agreement, in class arbitration proceeding or otherwise.
WAIVER
TST’s ability to enforce or exercise its enforcement of any right or provision of this TERMS OF USE agreement shall not constitute any waiver of such right or provision or any other right or provision unless acknowledged and agreed to by TST explicitly, in writing.
SEVERABILITY
If any provision of this TERMS OF USE agreement is found, by a court of competent jurisdiction to be invalid, unenforceable, or inapplicable, the parties agree that the court shall give effect to the parties’ intentions as reflected in such provision, and notwithstanding such a finding, all other provisions contained within the TERMS OF USE agreement shall remain in full force and effect regardless.
TIME LIMITATION
You agree that regardless of any statute, contrary law, claim or cause of action arising out of or related to this TERMS OF USE agreement or general use of the TST WEBSITE must be filed within one calendar year after such claim or cause of action arose or be forever barred.
RELATIONSHIP
Your use of the TST WEBSITE or this site does not constitute or create a joint venture, partnership, employment, agency or unauthorized relationship TST or its subsidiaries, affiliates or third-parties.
ATTORNEYS FEES
If TST, its subsidiaries, affiliates or third-party providers take any action to enforce this TERMS OF USE agreement, such parties will be entitled to recover from you and you agree to pay, all reasonable and necessary attorney’s’ fees an any cost of litigation, cost of arbitration or other similar proceeding in addition to any other relief, at law or in equity, to which such parties may be entitled.
LEGAL CONTACT INFORMATION
Total Show Technology
Legal Department
3656 East Sunset Road, Suite 110
Las Vegas, NV 89120
Phone: (702) 897-8508 | Fax: (702) 897-6064
legal@totalshowtech.com
Effective Date: January 29, 2018